Terms & Conditions.
Newcast Studios Terms & Conditions in relation to our products and services.
1. Deliverables
The specific services that Newcast provides will be agreed on in collaboration with the client. A written quotation will be provided with an outline of approach, pricing, and schedule of work. By approving the quotation you are agreeing to these terms and conditions.
Newcast endeavours to delivered our services with the professional skill and care our highly trained personnel provide.
The Client will make a representative of their company available to meet with Newcast throughout the project to discuss the status of the Deliverables.
These Terms and any written Production Schedule outline the agreement between Newcast and the Client in relation to the supply by Newcast of Deliverables. They supersede any document that the Client may issue (such as a purchase order), and all prior agreements, negotiations, communications, and representations by the parties.
a) Video Production
In our Terms and Conditions framework, the term “Deliverables” refers collectively to Services and Products. Newcast provides video production services that are tailored to our clients requirements.
i) Pre-production
As part of our quotation we will provide a shooting script to the client, once approved we may begin production. Storyboards or scripts will incur additional charges
ii)Actors
It is the responsibility of the client that all those who appear or are heard in a production sign a talent release waiver for the exclusive use of the content captured in perpetuity. If Newcast is responsible for talent we will ensure waiver terms are negotiated before production to the satisfaction of the client. Newcast can provide talent release waivers on request.
iii) Production
Newcast will undertake a site inspection of any location in relation to assess OH&S risks. If a site is deemed to be of excess risk, Newcast reserves the right to not enter and suggest alternate sites. It is the responsibility of the client to ensure that parking is provided for one vehicle, close to the venue and loading dock access is arranged for up to 10 cases of production equipment. The client agrees to take instruction from Newcast staff at all times to ensure their safety during production.
iv) Post- Production
Our quotation includes 3 stages of editing for client approval:
1st draft – rough cut of agreed script (basic edits, structure, draft audio and video mastering) in which any aspect of the production can be altered.
2nd draft – version of 1st draft changes for approval (advanced edit, draft audio and video mastering) noting that changes made from the 1st draft stand and reverting to a pre-1st draft edit incurs charges.
Final draft – delivery of draft 2 changes for sign off (final edit, audio and video mastered) noting that changes made from the 1st draft stand and reverting to a pre-2nd draft edit incurs charges.
Editing outside of these draft stage terms will incur an hourly rate and fixed fee. All feedback and changes must be documented. Newcast can provide a production briefing document on request, however changes must be sent via written request only.
v) Content Delivery
Newcast will upload approved content to our private Vimeo channel or to Dropbox where the content will be available to download for 4 weeks from the delivery date. Its is anticipated that the Client shall take the appropriate measures to download and store the content within the allocated time period. It is the Client’s responsibility to correctly identify the formats required to be delivered ahead of the delivery. All content is kept on our servers for 12 months and subject to an hourly charge for retrieval.
b) Live Streaming
In our Terms and Conditions framework, the term “Deliverables” refers collectively to Services and Products. Newcast provides live streaming services that are tailored to our clients requirements. The specific services that Newcast provides for live streaming includes all services up to the network point, specifically the hardware, software and personnel providing the services. Newcast guarantees the services we provide only, any services beyond the network point are not the services of Newcast, namely the services are provided by;
the venue in which the network is installed
the ISP or provider of connection as a whole
the platform to which the stream is served – i.e. YouTube and Facebook
Any other supplier arranged by the client, not Newcast
Newcast will not be held responsible for the services provided by other suppliers, nor guarantees the quality of the network nor the content delivered to the end user.
In the case of integrated or third party audio visual services being provided to Newcast’s service offering, or any other service engaged by the client, Newcast will not be responsible for their services. Any issues with the delivery of these services will be the responsibility of the client.
It is the responsibility of the client to inform all participants that the event is to be streamed, announce at the event that they offer seating to those who don’t wish to appear of the stream (please discuss with Newcast staff at the event for correct seating placement) and have their event speakers sign talent release waivers for the clients exclusive use of the content captured at the event in perpetuity. Newcast can provide talent release waivers on request.
2. Quotations
At the Client’s request, Newcast may issue a quotation in for any Deliverable proposed to be provided under these Terms. The quotation is valid for 21 days from the date of issue. Newcast may withdraw a quotation at any time. The Client accepts a Quotation by signing a copy of it and sending to Newcast, or approving it via e-mail.
If the Client accepts Newcast’s quotation, Newcast will issue a Production Schedule containing the following details:
a. The nature of the Deliverables to be provided pursuant to the Production Schedule;
b. Any specifications for the Deliverables;
c. A production plan or script outline for the preparation of the Deliverables;
d. The fee payable to Newcast for the Deliverables and the payment schedule for the Deliverables;
e. The deposit amount to be paid in advance on account of the Deliverables. The deposit is 50% upon agreement to proceed, with the final 50% to be paid upon final delivery. The Deliverables require a deposit. to be paid in advance.
Once the Client accepts the Production Schedule and pays the 50% deposit referred to in paragraph e., Newcast will begin creating the Deliverables in accordance with the Production Schedule. The Client can accept a Production Schedule by signing a copy of it and sending it to Newcast, or by e-mail. To the extent of an inconsistency between these Terms and a Production Schedule, the Production Schedule prevails.
Any quotation that Newcast gives is based on the information that was provided to Newcast at the time of quotation.
If that information is found to be inaccurate, Newcast may charge an additional amount calculated on a time-and-materials basis. This includes if there is a change to the nature or scope of the Deliverables, or if circumstances change.
3. Production rates and expenses
Newcast fees are calculated on hourly, half, full day rates and have a minimum fee of half a day for any service. A half day is less than 4 hours and a full day is between 4 and 9 hours. Any work after 9 hours may incur a fee unless otherwise agreed beforehand.
Unless the price for the Deliverables is stated in a Production Schedule, Newcast is entitled to charge the Client for Deliverables on a time-and-materials basis at Newcast’s standard scale of charges from time to time. The Client will pay any fee that is required to obtain or maintain a license. This includes any music or other creative work together with Newcast’s charge for handling and/or obtaining any relevant sub-licenses.
If Newcast is required to attend any premises for any reason while pursuant to these Terms, the Client will reimburse Newcast for reasonable transport and/or accommodation expenses incurred by Newcast in doing so. All travel and accommodation will be charged at cost. This does not include transport expenses within 25km of the Canberra Central Business District. The Client will also indemnify Newcast and keep it indemnified for all expenses Newcast may incur on the Client’s behalf or in carrying out its obligations under these Terms.
The client will indemnify us for all expenses incurred on your behalf under these Terms. This may include freight, handling, insurance, prints, materials, proofs and media and any contracts that we enter into as your agent.
4. Payment terms
Invoices are payable to Newcast within 30 days of the invoice date (unless agreed otherwise). A late fee 0f 10% per 30 days overdue will be applied to all late payments at our discretion. Invoices later than 90 from the due date will be sold to a debt collection agency for recovery. Debt collection agencies have the power to seize funds by law and apply a credit mark for 5 years.
Payment is to be made by direct debit to an account nominated by Newcast. If the Client does not pay an invoice by that time, then without prejudice to Newcast’s rights:
(a) interest is also payable on the outstanding amount, to be calculated at the prescribed rate under the Penalty Interest Rates Act 1983; and (b) by written notice to the Client, Newcast can suspend or terminate any licence granted to the Client to use the Deliverable in respect of which payment is outstanding, and may recover or remove from the Facilities any Deliverables for which payment has not been made.
Upon payment in full for the Deliverables, Newcast grants the Client a non-exclusive and non-transferable perpetual license to use the Intellectual Property for the Client’s own business purposes. The Client must not copy or use any of the Intellectual Property for any other purposes. The client must not permit any act that infringes Newcast’s (or its licensors’) intellectual property rights including music.
The Client must ensure that the written details for all Deliverables meet the Client’s requirements prior to the work commencing under this document.
5. Intellectual property
Except to the extent agreed in writing by Newcast, all intellectual property rights relating to any raw footage, graphic design, animation working files or other creative artistic work produced to the by Newcast pursuant to these Terms the “Intellectual Property” remains the property of Newcast. Newcast may display its own copyright and intellectual property notices on any Products. The Client must not remove, obscure, deface or alter such copyright and intellectual property notices. In the instance of raw content and/or working files being supplied to the client, this must be agreed in writing (with adequate recompense) before work commences.
6. Confidentiality
Each party acknowledges the confidentiality of the other party’s confidential information. Neither party will gain a right or interest in the other party’s confidential information except for the purposes contemplated by these Terms. Each party must keep all of the other party’s confidential information confidential. Each party must only use it for the purposes of fulfilling its obligations under these Terms. However this obligation will not apply to information which: (a) was in the public domain when it was provided to a party, or later enters the public domain, through no fault of the party; or (b) the party is obliged by law to disclose, provided that it has first advised the other party of this obligation.
7. Terms and Termination
Either party may terminate the agreement under a Production Schedule or these Terms generally, if the other party:
(a) breaches a material obligation under these Terms and does not remedy that breach within 14days of a written notice of that breach from the other party; or
(b) is or is deemed to be insolvent, or ceases to conduct its business in the ordinary way (except if it has assigned its rights and obligations under these Terms in accordance with these Terms prior to that occurring), or an administrator, receiver, receiver and manager, official manager, liquidator, provisional liquidator, or similar is appointed in respect of the other party or any of its assets.
On termination of an agreement under a Production Schedule or these Terms, Newcast is entitled to invoice the Client for all Deliverables provided or in the process of being delivered but not yet invoiced. This includes Products ordered for the Client but not yet delivered and invoiced. Products may be returned to their supplier for a refund without cost or penalty. Newcast will automatically terminate all licenses granted to the Client for which payment has not been received. Without prejudice to Newcast’s other rights, Newcast may retake possession of any unpaid products.
The Client’s obligation to indemnify Intellectual Property survives the termination of any agreement under these Terms for any reason.
8. General Provisions
The laws of the ACT govern these Terms. Parties must consent and submit to the jurisdiction of local courts.
If any provision of these Terms proves to be illegal or unenforceable for any reason, that provision is deemed omitted. The remaining provisions of these Terms shall continue in full force and effect.
Any notice required or contemplated by these Terms is deemed to have been properly given to a party if it is in writing. This notice must be properly addressed and delivered personally, or mailed postage prepared addressed or by facsimile to the party at its addresses set out in these Terms, or such other address nominated by a party in writing.
The Client may not assign any of its rights or obligations under these Terms without Newcast’s prior written consent. Newcast may arrange for subcontractors to perform any of its obligations under these Terms or a Production Schedule.
Failure, delay or neglect to enforce these Terms will not count waiver of that term or Newcast’s rights. Neither is it a consent to, a waiver of, or any excuse for any different, continuing, or subsequent breach.
Parties may only amend these Terms via a written agreement.
If any parties have further questions regarding these Terms and Conditions then please direct them to our Contact Form.